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QUALITY LOAN SERVICE v. 24702 PALLAS WAY

No. 08-56181.

635 F.3d 1128 (2011)

QUALITY LOAN SERVICE CORP., Petitioner, v. 24702 PALLAS WAY, MISSION VIEJO, CA 92691, All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at, Respondent, and Mark V. Franzen; Debra A. Franzen, Claimants-Appellants, and United States of America, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2011.

Attorney(s) appearing for the Case

David P. Pruett , Carroll, Kelly, Trotter, Franzen & McKenna, Long Beach, CA, argued the cause for the appellants and filed briefs.

John Schumann , Attorney, Tax Division, Department of Justice, Washington, D.C., argued the cause for the appellee and filed a brief. With him on the brief were John A. DiCicco , Acting Assistant Attorney General, and Thomas J. Clark , Attorney, Tax Division, Department of Justice, Washington, D.C.; and Thomas P. O'Brien , United States Attorney, Central District of California, Los Angeles, CA.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN and RONALD M. GOULD, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must determine the priorities of federal tax liens and a state-law lien in this dispute over surplus proceeds from a nonjudicial foreclosure sale.

I

A

In 1999, Ted and Karen Chapin executed a deed of trust secured by real property located at 24702 Pallas Way, Mission Viejo, California ("subject property"). Quality Loan Service Corporation ("Quality") was named the trustee.

Between...

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